By February 1, 2020, the commissioner shall report on the findings and recommendations of the stakeholder group as well as the commissioner's recommendations for changes to laws relating to bullying to the Joint Standing Committee on Education and Cultural Affairs. The stakeholder group shall provide the commissioner with information on how administrators are currently handling bullying situations, the difficulties in enforcing current laws and the effects of the lack of comprehensive relevant data. The stakeholder group must include educators, administrators, students and experts on bullying in schools. Resolved: That the Commissioner of Education shall form a stakeholder group to comprehensively examine issues associated with bullying in schools and in particular how the State's laws relating to bullying should be improved. Navigating this complexity should be managed carefully upfront.1. Such cases are not the typical straightforward disputes that schools typically see. Litigation that develops around this area will be complex constitutional litigation that can become costly and last for years with multiple appeals. If the Arkansas laws ever do come into conflict with the First Amendment that is when an attorney should be consulted. Just following the Arkansas laws is not enough. All of that to say, making an effort to understand and follow the First Amendment is critical. There is a dearth of Arkansas case law challenging the constitutionality of the Arkansas law, but that is a possibility of which schools must be aware. In fact, several other states have had their cyberbullying laws struck because those state laws interfered with the First Amendment. But that disclaimer does not necessarily mean that the Arkansas law is sound. In recognition of this well recognized legal principle, the Arkansas anti-bullying law states that it is not intended to unconstitutionally interfere with the First Amendment. However, in the event of any conflict between the Arkansas laws and the First Amendment, the First Amendment controls. Whether this Arkansas requirement is unconstitutional under the First Amendment is an open question likely to spark litigation.Īll of the Arkansas specific laws referenced in this post were enacted and passed by the Arkansas government. School policies, even well intentioned ones, can cross the line into the unconstitutional if they are implemented in a way that impedes a student’s rights to free speech. School officials must of course comply with the policies implemented by their schools acting in accordance with this Arkansas requirement, however all actions should be run through the lens of the First Amendment. In fact, the Arkansas laws “shall apply to an electronic act whether or not the electronic act originated on school property or with school equipment.” While many areas of the Arkansas cyberbullying law are potentially difficult to balance with the First Amendment, this particular balancing act is one of the most challenging. This law imposes upon schools the obligation to have cyberbullying policies that reach conduct outside of the school walls, including the home. Arkansas public schools have many obligations as codified in the Arkansas code, one of which is to adopt policies to prevent bullying.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |